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CSPAN
Jan 19, 2013 7:00pm EST
, as -- as virginia v. moore plainly teaches, individual state laws do not affect whether or not this activity was reasonable under the constitution. justice kennedy: but we have always -- correct me if i'm wrong. i think that we have always thought of fourth amendment reasonableness standards as being a national standard. suppose 40 states -- you know, we can play the game. suppose 40 states had rules that you have warrants and many of them had expedited procedures. that's still irrelevant? we don't look at that at all? mr. koester: your honor, i think this court's decision in sampson v. california is instructive. in that particular case, the court approved suspicion-less searches of parolees, and i think a vast majority of states disapproved of that particular law enforcement practice. but that does not bear on the issue of whether or not that violates the fourth amendment. justice scalia: of course we don't know why they disapproved. and i guess your point is they may well not have permitted it because they were under what you would call the mistaken belief that it was unconstituti
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